A.
General authority to adopt and amend zoning. The Township Board of
Supervisors, pursuant to the Pennsylvania Municipalities Planning
Code, Act 247 of 1968, as amended by Act 170 of 1988,[1] and as it may be further amended, hereby enacts this chapter
as the Township Zoning Ordinance of 1999.
[1]
Editor's Note: See 53 P.S. § 10101.
B.
Penalties for noncompliance. In accordance with the Pennsylvania
Municipalities Planning Code, violations of this chapter may be punishable
by civil penalties.
A.
General applicability. All uses of land, including, but not limited
to, a change in lot dimension, a change of use, the erection of a
structure, the occupation of a structure, or the disturbance of soils,
are permitted only when such activities are in accordance with this
chapter. The regulations of this chapter shall be the minimum necessary
to promote the health, safety and welfare of the residents of the
Township and shall apply uniformly to each land use class or type
of structure within particular districts. This chapter shall not apply
to the normal and customary maintenance of properties.
B.
Specific applicability. No building, structure, part of a structure
or building, or land shall be hereafter used, erected, constructed,
reconstructed, moved, or structurally altered except in accordance
with all of the regulations specified for the zoning district in which
it is located. No building or structure shall hereafter be erected
or altered:
(1)
To exceed the height or bulk standards established by this chapter;
(2)
To accommodate or house a greater number of families as allowed by
this chapter;
(3)
To occupy a greater percentage of lot area as allowed by this chapter;
(4)
To have narrower or smaller front, side or rear yards or other open
spaces as required by this chapter. No part of any minimum yard, minimum
open space area, or off-street parking or loading space required in
connection with any building or land use shall, for the purpose of
complying with this chapter, be included as part of any yard, open
space, or off-street parking or loading space similarly required for
any other building or land use. No yard or lot existing at the time
of passage of this chapter shall be reduced in dimension or area below
the minimum requirements set forth in this chapter. Yards or lots
created after the effective date of this chapter shall meet the minimum
standards established herein.
C.
Municipal uses shall comply with this chapter. The provisions of
this chapter shall apply to all municipal properties and uses of land,
and to all bona fide governmental agencies, authorities, and emergency
services.
D.
Zoning Map. All areas within the Township are subject to the general
and specific provisions contained in this chapter and as identified
in the Zoning Map, as it may be amended.[1]
[1]
Editor's Note: A copy of the Zoning Map is an attachment to
this chapter. The Map is also on file in the Township office and available
on the Township's official website.
A.
Lists of permitted uses of land and dimensional requirements. This chapter lists the uses of land that may be allowed in the Township, as well as dimensional requirements, and utilizes a Zoning Map to show areas within the Township where such land uses are permitted. If a particular use of land is not specifically identified as a permitted use, conditional use or special permit use, it shall be considered to be prohibited, except as provided in § 240-3B(4), (5) or (6) of this chapter below.
B.
How land uses are regulated. A particular use of land may be allowed
or regulated in six ways:
(1)
As a permitted use. Each zoning district contains a list of land uses that are permitted within the district. In these cases, the land use is generally not subject to any additional regulations except for general regulations contained in Article VI of this chapter.
(2)
As a special exception. Each zoning district contains a list of land uses that have the potential to become local nuisances if not properly regulated. Therefore, these land uses are permitted by special exception, which may be granted by the Zoning Hearing Board if it finds that the proposed land use complies with additional regulations listed in Article VII of this chapter. The Zoning Hearing Board will hold a public hearing on the proposed special exception and may impose reasonable conditions in addition to those that are listed in Article VII.
(3)
As a conditional use. Each zoning district contains a list of land uses, which have the potential to become general public nuisances if not properly regulated. Therefore, these land uses are permitted by conditional use, which may be granted by the Board of Supervisors if it finds that the proposed land use complies with additional regulations listed in Article VIII of this chapter. The Board of Supervisors will hold a public hearing on the proposed conditional use, and may impose reasonable conditions in addition to those that are listed in Article VIII.
(4)
By variance. If a particular site contains unique conditions that
cause unnecessary hardships or practical difficulties in conforming
to this chapter, a land use that is not specifically permitted by
this chapter, and that is not shared elsewhere within the Unionville
Area, may be allowed by the Zoning Hearing Board as a variance. A
public hearing will be held for the appellant to present the conditions
to be reviewed in support of his appeal for a variance.
(5)
By approval of the Zoning Hearing Board as a land use that is substantially
similar to permitted uses. This chapter does not address all possible
land uses that may be appropriate for a particular zoning district.
Some land uses, which are not otherwise addressed by this chapter,
are shared elsewhere in East Marlborough or West Marlborough Townships,
thereby implementing the Unionville Area Regional Comprehensive Plan.
Some land uses, which are not otherwise addressed by this chapter,
may be substantially similar to other land uses that are allowed as
permitted uses or as special exception uses, in which case the applicant
may apply to the Zoning Hearing Board for a determination that the
proposed land use is substantially similar to another permitted or
special exception land use. The Zoning Hearing Board shall hold a
public hearing and may allow the proposed land use, with or without
conditions, if it determines that the land use is substantially similar
to another permitted land use or special exception use within the
same zoning district. This shall not be construed to be an appeal
for a variance, and this option shall apply to all zoning districts.
(6)
As a preexisting, nonconforming use. Properties in the Township that
were developed prior to the adoption of this chapter (or its amendment,
if such amendment renders such preexisting uses as nonconforming)
may be continued to be occupied and used, but may not be expanded
to a degree that exceeds limitations contained in this chapter.
C.
Zoning Officer shall administer the ordinance. The Newlin Township
Zoning Officer shall apply this chapter with the strictest interpretation
as is reasonable. If any uncertainty regarding the intent of this
chapter exists, the Zoning Hearing Board shall interpret the intent
of this chapter.
D.
Computation of time. If there is any question regarding the length
of any review time regarding any provision of this chapter, all time
shall be computed from the date of the receipt of a complete application
by the Township Secretary, Zoning Officer, or other individual so
authorized to accept applications by the Board of Supervisors.
A.
General intent. In accordance with the Pennsylvania Municipalities
Planning Code, it is the intent, purpose and scope of this chapter
to protect and promote the public safety, health and morals, to facilitate
coordinated development, to provide for the general welfare by guiding
the development and protection of various amenities and conveniences,
to promote future governmental, economic, practical, social and cultural
facilities, to provide for development and growth, as well as to improve
governmental processes and functions, to guide uses of land and structures,
types and locations of streets, public areas and other facilities,
to promote the conservation of energy through the use of land planning
practices and the effective utilization of renewable energy resources,
to promote the proper density of population, vehicle parking and loading
areas, and to prevent the overcrowding of land, blight, danger, and
congestion in travel and transportation, to prevent loss of life,
health, or property, where possible, from flood, fire, panic, or other
dangers, and to minimize land use conflicts as may presently exist
or which may be foreseen.
B.
No repeal of other laws. Except where specifically provided to the
contrary, it is not intended by this chapter to repeal, abrogate,
annul, or in any way to impair or interfere with any rules, regulations,
or permits previously adopted or issued pursuant to law relating to
the use of buildings, structures, shelter or premises; nor is it the
intent of this chapter to interfere with, abrogate, or annul any easements,
covenants, or other agreements between parties; provided, however,
that where this chapter imposes a greater restriction on the use of
a building or premises, or requires larger open spaces than are imposed
or required by other statute, ordinance, rule, regulation or permit,
or by any easement or agreement, the provisions of this chapter shall
prevail.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
General goals and objectives. This chapter is enacted in accordance
with a comprehensive land planning program, which includes the Newlin
Township Open Space, Recreation and Environmental Resources Plan of
1994, the Unionville Area Regional Comprehensive Plan and Landscapes,
the 1996 Chester County Comprehensive Plan. Consideration has been
given to the character of the Township and its various parts and the
suitability of these parts for various uses. This chapter is enacted
to support the following general goals and objectives:
A.
To preserve and promote open space and the Township's rural
character.
B.
To preserve and protect the Township's extensive areas of environmentally
sensitive lands and to preserve its ecological balance.
C.
To meet the Township's responsibilities for accepting its fair
share of development within the context of protecting site-specific
environmentally sensitive lands.
D.
To prevent damage and loss of life from flooding, water pollution
(both surface and subsurface), and other dangers.
E.
To protect the Township's potable water resources.
F.
To preserve property values and prevent conflict between adjacent
incompatible land uses.
G.
To implement the provisions of the Township's Open Space, Recreation
and Environmental Resources Plan of 1994, as it may be amended, including
its recommendations for greenways.
H.
To permit and regulate locally oriented commercial activities.
I.
To implement the Unionville Area Regional Comprehensive Plan, specifically
the sharing of land uses across the region.
A.
Purpose. The Township hereby establishes regulations for the use
and development of lands according to zoning districts, each of which
is based on an assessment of the general ability of the resources
of each district to support certain land uses at appropriate densities.
B.
Establishment of zoning districts. The boundaries of zoning districts
are hereby established as described in this chapter.
[Amended 3-11-2013 by Ord. No. 2013-04; 3-20-2017 by Ord. No. 2017-01; 7-10-2017 by Ord. No. 2017-03]
B.
The Township consists of base zoning, which includes the Flexible
Rural Development District and the Agricultural Preservation District.
The Steep Slope Conservation Overlay District is not mapped but applies
to areas that meet the definitions of steep slopes in this chapter.
The Village Overlay District, applicable to the Embreeville and Mortonville
Villages, is mapped in the appendix to this chapter. The Airport Overlay
District applies to the G.O. Carlson Airport, including the Chester
County G.O. Carlson Airport Surface Areas illustrated in the appendix
to this chapter.[1]
[1]
Editor's Note: The Airport Zoning Map is included as an attachment to this chapter. The other overlay maps referred to in this section are on file in the Township office and available for review during normal business hours; the Village Overlay Maps are also on the Township's official website.
[Amended 3-20-2017 by Ord. No. 2017-01; 7-10-2017 by Ord. No. 2017-03]
The Township contains two base zoning districts, the Flexible Rural Development District and the Agricultural Preservation District. Within those zoning districts, areas over 20% slope shall be deemed to be an overlay district as determined and set forth in §§ 240-63 and 240-81 of this chapter. The requirements of the Steep Slope Overlay District shall be in addition to and shall supersede the requirements of the underlying base zoning district when they are inconsistent.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Table of Permitted Uses, Special Exception Uses, Conditional
Uses and Accessory Uses and the Table of Bulk and Lot Standards in
Flexible Rural Development Districts are summaries of land use regulations
and bulk and lot standards according to the Township's zoning
districts.[1] These tables are to be used for convenient reference purposes
only. In the event of a contradiction or ambiguity between the tables
and other parts of this chapter, the text of the chapter shall prevail.
[1]
Editor's Note: Said tables are included as attachments to this chapter.
